This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Restraining Order Form Printable Form 2018 In San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000299
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Word;
Rich Text
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FAQ
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
Request For Civil Harassment Restraining Orders (CH-100) Ask the judge for a restraining order and tell the judge why you need one. Get form CH-100.
I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
Ask for a Civil Harassment Restraining Order Form NameForm Number Civil Case Cover Sheet CM-010 Declaration OR Attached Declaration MC-030 OR MC-031 Proof of Personal Service CH-200 Civil Harassment Restraining Order After Hearing (CLETS-CHO) CH-1308 more rows
How to ask to change or end a restraining order Ask to change or end the restraining order. Fill out forms and file them with the court. Serve the other side. Another adult , not you, delivers a copy of the request to the other side. Prepare for and go to court. Prepare for court and go to your court date. Final steps.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
Restraining orders have expiration dates to ensure that they are still necessary. The court wants to make sure that the situation has not changed and that protection is still needed. When an order expires, the protected person can request a renewal if they still feel threatened.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.